
If You Have a Prenup or Postnup
Process
During Divorce
Colorado
Colorado enforces prenuptial and postnuptial ("marital") agreements under a specific statute, but not automatically.
If you signed a prenuptial agreement before the wedding or a marital (postnuptial) agreement after, it can shape how property, debt, and maintenance are handled, so it's one of the first things to put in front of a lawyer. Colorado follows the Colorado Marital Agreement Act (C.R.S. § 14-2-301 and following), which generally enforces these agreements if they were entered voluntarily, with fair financial disclosure, and aren't unconscionable. Agreements where each spouse had their own lawyer, signed without pressure, and exchanged complete financial information are the hardest to challenge.
Two important limits. A spouse can attack an agreement that was signed under duress, without adequate disclosure, or that is grossly unfair, and a provision that would leave a spouse eligible for public assistance, or that tries to waive maintenance unconscionably, may not hold up. These agreements cannot dictate child support or the allocation of parental responsibilities; the court always keeps the final say on anything involving the kids.
Links
WebsiteLocation
Colorado
Colorado, USA
